中华人民共和国民政部令 Decree of the Ministry of Civil Affairs of the People's Republic of China
第62号 No. 62
The "Interim Measures for the Management of Value-added and Value-added Investment Activities of Charitable Organizations" has been adopted on October 25, 2018 by the Ministry of Civil Affairs Ministerial Meeting, and is hereby promulgated for implementation from January 1, 2019.
October 30, 2018
慈善组织保值增值投资活动管理暂行办法 Interim Measures for the Management of Value-added and Value-added Investment Activities of Charitable Organizations
The first is to regulate the investment activities of charitable organizations, prevent the use of charitable assets, and promote the sustainable and healthy development of charitable organizations. These measures are formulated in accordance with laws and regulations such as the Charity Law of the People's Republic of China (hereinafter referred to as the "Charity Law").
Article 2 These Measures apply to charitable organizations registered and recognized by civil affairs departments (hereinafter referred to as civil affairs departments) of people's governments at or above the county level in accordance with law.
Article 3: Charitable organizations shall take the purpose of carrying out charitable activities for the society as a whole, and make full and efficient use of charitable property. Investment activities may be carried out on the premise of ensuring that annual charitable activity expenditures meet legal requirements and that donated property is paid in full and on time.
Charitable organizations shall follow the principles of lawfulness, safety and effectiveness in conducting investment activities, and all proceeds from investment shall be used for charitable purposes.
Article 4 The investment activities referred to in these measures mainly include the following situations:
(1) Directly purchase asset management products issued by financial institutions such as banks, trusts, securities, funds, futures, insurance asset management institutions, and financial asset investment companies;
(2) Directly investing in equity through initiation of establishment, mergers and acquisitions, equity participation, etc .;
(3) Entrusting the property to an institution supervised by the financial supervision and administration department for investment.
Article 5 The assets that charitable organizations can use for investment are limited to non-restricted assets and restricted assets that need not be temporarily allocated during the investment period.
The government-sponsored property and donation agreements accepted by charitable organizations shall not be used for investment.
Article 6: When investing in asset management products, charitable organizations should choose carefully and purchase products that match the organization's ability to identify risks and bear risk.
Where a charitable organization directly invests in equity, the business scope of the investee shall be related to the purpose and business scope of the charitable organization.
When a charitable organization conducts entrusted investment, it shall choose an organization that is qualified to engage in investment management business in China, and has prudent management and high reputation.
Article 7: Charitable organizations may not carry out the following investment activities:
(1) buying and selling stocks directly;
(2) buying commodities and financial derivatives directly;
(3) Investment life insurance products;
(4) providing loans to individuals and enterprises in the name of investment;
(5) Investments that do not conform to national industrial policies;
(6) investments that may cause the Organization to assume unlimited liability;
(7) Investments that run counter to the purposes of the Organization and may damage credibility;
(8) Other activities prohibited by national laws and regulations such as illegal fund raising.
Article 8: Charitable organizations shall stipulate the following in their financial and asset management systems:
(1) Basic principles for investment;
(2) investment decision-making procedures and management processes;
(3) Relevant responsibilities of decision-making agencies, executive agencies and supervisory agencies in investment activities;
(4) negative list of investments;
(5) Criteria for major investments;
(6) Control of investment risk management;
(7) Mechanisms for suspension, termination or withdrawal of investment activities;
(8) Accountability system for illegal investment.
Article 9 The financial and asset management systems and major investment plans of charitable organizations shall be approved by more than two-thirds of the members of the decision-making body.
Article 10 The sponsors, major donors, principals, directors, directors, sources of directors of charitable organizations, and other individuals or organizations that have control, joint control or significant influence with charitable organizations, their interests and investment behavior of charitable organizations When affiliated, the affiliated relationship shall not be used to damage the interests of charitable organizations.
Article 11: Charitable organizations shall promptly recover principals and gains due and perform accounting in a timely manner in accordance with laws and regulations.
Article 12: Charitable organizations shall establish special archives for investment activities, and shall keep complete information on investment decision-making, implementation and management. Special archives should be kept for at least 20 years.
Article 13: Charitable organizations shall reasonably establish a stop-loss mechanism based on the risk level of investment activities and the degree of loss they can bear.
Charitable organizations can establish risk reserve systems.
Article 14: When conducting charitable organizations' investment activities, their principals, directors and staff members shall abide by the laws and regulations and the provisions of the articles of association of the organization, and strictly perform their obligations of loyalty, caution and diligence.
When charitable organizations commit illegal activities in the course of carrying out investment activities, resulting in the loss of charitable organization's property, relevant personnel shall bear corresponding responsibilities.
Article 15 The person in charge and staff of a charitable organization shall not work part-time or receive remuneration in an enterprise invested by a charitable organization, but may be entrusted by a charitable organization to participate as a shareholder representative, director or supervisor in the shareholders' meeting and board of directors of the invested enterprise.
Article 16 The civil affairs department may require charitable organizations to make explanations on investment activities, risk control, internal management and other matters, and may conduct interviews if necessary.
Article 17: Charitable organizations shall invest property that is not allowed to be used for investment, and civil affairs departments shall punish them in accordance with the relevant provisions of Article 99 of the Charity Law. If charitable organizations violate the provisions of these Measures, the civil affairs department may issue a warning and order correction within a time limit.
Article 18 The financial and asset management systems and major investments of charitable organizations shall be disclosed to the public in accordance with laws and regulations and accept social supervision.
Article 19: Funds that have not been identified as charitable organizations, social groups and social service agencies with pre-tax deductions for charitable donations shall comply with the provisions of these Measures.
Article 20 These Measures shall be implemented as of January 1, 2019.